The top court also declined to extend protection from arrest, reiterating that Khera must approach the jurisdictional court in Assam
KRC TIMES National Bureau
NEW DELHI : Congress leader Pawan Khera on April 20 approached the Gauhati High Court seeking anticipatory bail in a defamation case filed by Riniki Bhuyan Sharma, wife of Assam Chief Minister Himanta Biswa Sarma.
The move comes after the Supreme Court of India declined to grant Khera interim protection from arrest and directed him to seek relief from a competent court in Assam. The apex court also stayed the transit anticipatory bail earlier granted by the Telangana High Court and said the Gauhati High Court should decide the matter independently.
The case stems from remarks made by Khera ahead of the recent Assembly elections, in which he alleged that Sharma held passports from the UAE, Egypt, and Antigua and Barbuda, and had acquired foreign citizenships between 2021 and 2022. He also claimed that the Chief Minister failed to disclose his wife’s overseas assets in his election affidavit.

Both Sarma and Sharma have rejected the allegations as fabricated and misleading, asserting that the claims were based on manipulated or AI-generated material and originated from a Pakistani YouTube channel. Sharma subsequently initiated both criminal and civil defamation proceedings against Khera.
Following the complaint, Assam Police registered a case against the Congress leader on charges including making false statements in connection with an election and cheating.
Earlier, Khera had secured limited transit anticipatory bail from the Telangana High Court on April 10. However, the relief was later put on hold by the Supreme Court after a plea by the Assam government. The top court also declined to extend protection from arrest, reiterating that Khera must approach the jurisdictional court in Assam.
During the hearing, senior advocate Abhishek Singhvi, appearing for Khera, argued that his client was not a flight risk and sought interim protection to enable him to move the Gauhati High Court. A bench of Justices J K Maheshwari and Atul S Chandurkar declined the request, stating that Khera was free to seek urgent relief before the appropriate court in Assam.
In a related development, a local court in Guwahati rejected Assam Police’s request for a non-bailable warrant against Khera. The Chief Judicial Magistrate, Kamrup Metro, observed in an April 7 order that the grounds cited were based on presumptions and lacked material evidence.
The court further noted that since the offences fall under cognisable and non-bailable provisions of the Bharatiya Nyaya Sanhita, the police already have the authority to arrest without a warrant, rendering such a request unnecessary at this stage.

